Mississippi GranuFlo Lawsuit Remanded to State Court, Bernstein Liebhard LLP Reports
New York, New York (PRWEB) January 07, 2015 -- GranuFlo lawsuits (http://www.granuflolawsuit2014.com/) filed in the wake of the 2012 GranuFlo and NaturaLyte dialysis concentrate recall continue to move forward in courts around the U.S., Bernstein Liebhard LLP reports. According to an Order issued in U.S. District Court, District of Massachusetts on January 2nd, the state of Mississippi has prevailed in its bid to have a consumer fraud lawsuit remanded to the state court where it was originally filed. (Case No. 3:14-cv-00050)
Court documents indicate that the claim was initially filed by the Mississippi Attorney General in the Chancery Court of DeSoto County, Mississippi, and alleges that Fresenius Medical Care violated the state's consumer protection laws by concealing the risks associated with GranuFlo and NaturaLyte. Fresenius removed the case to the federal multidistrict litigation underway in Massachusetts on the basis of diversity jurisdiction. But in its January 2nd Order, the Court agreed with Mississippi’s assertion that its status as the claim’s only named plaintiff destroyed diversity jurisdiction, even though other diverse parties had been named as defendants.
“Our Firm is representing numerous plaintiffs in GranuFlo and NaturaLyte lawsuits that are pending in the federal litigation underway in Massachusetts that also allege Fresenius concealed the products' serious side effects, and we are monitoring developments with great interest. We are pleased to see these claims moving forward,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free GranuFlo lawsuit evaluations to dialysis patients who allegedly suffered cardiac arrest, heart attacks, stroke, sudden cardiac death or other serious cardiovascular side effects within 72 hours of a dialysis treatment involving the use of GranuFlo or NaturaLyte dialysis drugs.
GranuFlo and NaturaLyte Recall Litigation
GranuFlo and NaturaLyte are both dialysis concentrates that are used during treatments to remove toxins from patients’ blood. In March 2012, Fresenius Medical Care issued an Urgent Product Notification for both concentrates that warned of dosage issues that could put patients at risk for serious and potentially life-threatening heart side effects. The U.S. Food & Drug Administration (FDA) ultimately granted Class I recall status to the Urgent Product Notification, which indicates that a medical product poses a risk of serious injury or death.
Since then, court records indicate that thousands of GranuFlo and NaturaLyte lawsuits have been filed in courts around the U.S. This includes at least 2,289 cases that are currently pending in the multidistrict litigation underway in U.S. District Court, District of Massachusetts, where Bernstein Liebhard LLP is actively filing claims. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428) Thousands of others are pending in a state litigation established in Massachusetts’ Middlesex County Superior Court. (In re: Consolidated Fresenius Cases, No. MICV2013-03400-O).
According to court documents, all of these GranuFlo lawsuits were filed on behalf of dialysis patients who allegedly experienced serious cardiovascular events, including heart attacks, strokes, and sudden cardiac death, due to the use of the two products. Among other things, the complaints accuse Fresenius Medical Care of failing to provide adequate warnings regarding their serious cardiovascular risks. Plaintiffs also assert that the company continued to aggressively market the concentrates even after those dangers became known.
Dialysis patients who allegedly suffered a serious cardiovascular event within 72 hours of the administration of Granuflo or NaturaLyte may be entitled to pursue a case against Fresenius Medical Care. To learn more about filing a GranuFlo lawsuit, please visit Bernstein Liebhard LLP’s website, or the Firm’s Facebook page: https://www.facebook.com/granuflolawsuit. For additional information, and to arrange for a free case review, please call 800-511-5092.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
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Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP
info(at)consumerinjurylawyers(dot)com
http://www.granuflolawsuit2014.com/
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Felecia L. Stern, GranuFlo Dialysis Treatment Lawsuit Center, http://www.granuflolawsuit2014.com/, +1 800-511-5092, [email protected]
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